The 1980 Winter Olympics: The other miracle

Defining the battlefield

The hearings began with preliminary skirmishes among the attorneys for all the parties and became a public hearing at which many interested parties were allowed to speak. With the deadline imposed by the International Olympic Committee and the constant threats of interim appeals by the many attorneys involved, Yannacone was forced to created hearing procedures which provided due process for all and moved the hearings to a conclusion. The first pre-hearing conference on November 1, 1976 set the tone for entire contentious proceeding.

During the preliminary discussions of procedural housekeeping issues, all the parties moved for Yannacone’s recusal, but on different grounds. The attorneys for the Lake Placid Olympic organizing committee argued that Yannacone was too closely associated with the Environmental Movement and could not fairly adjudicate the case in the face of opposition by environmental organizations. The environmental organizations, led by the Sierra Club Atlantic Chapter complained that Yannacone had “sold out” to commercial interests and was no longer an “environmentalist.” Exercising the powers of a judicial officer, Yannacone denied the motions with leave to have them renewed at any time during the course of the trial hearing should any of the parties discover any evidence of bias. The motions were not renewed.

On the morning of November 19, 1976, the pre-hearing conference continued with arguments over the extent of coverage and methods to be utilized by media covering the actual hearings, particularly radio and television.

19761119 pre-Hearing Conference_media

During the afternoon of November 19, 1976, the arguments continued and Yannacone allowed the local residents and community leaders to testify and express their concerns about the coming Olympics.

Eventually the actual evidentiary hearing began on November 29, 1976, the Monday after Thanksgiving.

The hearings began with preliminary skirmishes among the attorneys for all the parties and became a public hearing at which many interested parties were allowed to speak. With the deadline imposed by the International Olympic Committee and the constant threats of interim appeals by the many attorneys involved, Yannacone was forced to created hearing procedures which provided due process for all and moved the hearings to a conclusion. The first pre-hearing conference on November 1, 1976 set the tone for entire contentious procveeding.

19761101 pre-Hearing Conference

On the morning of November 19, 1976, the pre-hearing conference continued with arguments over the extent of coverage and methods to be utilized by media covering the actual hearings, particularly radio and television.

19761119 pre-Hearing Conference_media

During the afternoon of November 19, 1976, the arguments continued and Yannacone allowed the local residents and community leaders to testify and express their concerns about the coming Olympics.

Eventually the actual evidentiary hearing began on November 29, 1976, the Monday after Thanksgiving.

During the preliminary discussions of procedural housekeeping issues, all the parties moved for Yannacone’s recusal, but on different grounds.

The attorneys for the Lake Placid Olympic organizing committee argued that Yannacone was too closely associated with the Environmental Movement and could not fairly adjudicate the case in the face of opposition by environmental organizations.

The environmental organizations, led by the Sierra Club Atlantic Chapter complained that Yannacone had “sold out” to commercial interests and was no longer an “environmentalist.”

Exercising the powers of a judicial officer, Yannacone denied the motions with leave to have them renewed at any time during the course of the trial hearing should any of the parties discover any evidence of bias. The motions were never renewed.

Rules of Engagement

The first day of hearings was spent trying to determine how much time there was to complete the facilities for the 1980 Winter Olympics to open in Lake Placid, New York,

During the afternoon it became necessary for Yannacone, as the Hearing Officer to question the witness and make the record.

It was necessary for Yannacone as the Hearing Officer to elicit from the witness all the data upon which the construction timetables, the PERT charts, and the CPM critical paths. At the close of the day, Yannacone ruled,

“…that the date 10 January 1977 for a decision on this permit application by the Adirondack Park Agency is, in fact, a significant element of the critical path for the project completion. … {and] that in the event the project application is not approved or ruled at the time or disapproved by 10 January 1977, the applicant will be forced to make determinations which may, in fact, lengthen the critical path for the completion of the entire project. … [and] that the extension of the late finish date for the entire project from 13 September 1978 an additional 103 days to December 25th, 1978 or an additional approximately 141 days to 1 February 1979 does not, in fact, modify the critical path or the construction activities prior to Item ‘981 nor terminate the erection of the 90- meter ramp and represents the last item of completion of major construction with a final or late finish time of November 9, 1977.”

Edward B. Boiteau

Richard Foster

Lawrence D. Carrr

Robert Dennis Reinhardt

Godfrey Dewey

Reinhardt recalled

Reinhardt recalled 19761207-PM

Closing arguments

What the hearings accomplished

The contentious hearings surrounding approval of the 70 and 90 m ski jump facilities at Lake Placid did more than just save the games for the United States and set the stage for the miracle on ice.

Because of the way he conducted the hearings and the detailed findings of fact and conclusions of law he made as the administrative law judge, Victor Yannacone saved trout fishing and wilderness hiking from trailheads along New York Route 73 through the Keene Valley and preserved the historyscape of the John Brown Farmstead as well as allowing the 1980 Olympics to stay in Lake Placid, NY.

Look at the panoramic view at the conclusion of the New York State webpage from the John Brown State Historic Site and judge for yourself.